FINRA Rule 4530 (Reporting Requirements) requires FINRA member firms to report to FINRA specified events, such as findings by a regulatory body and quarterly statistical and summary information regarding written customer complaints. FINRA Rule 4530 also requires firms to file copies of specified criminal actions, civil complaints and arbitration claims. Every member must report certain events outlined in the rule within 30-days. All other written customer complaints and/or grievances must be filed by the 15th calendar day following the end of each quarter.
FINRA Rule 4530(a) contains a listing of the events that require each member to promptly report to FINRA, but in any event not later than 30 calendar days, after the member knows or should have known of the existence of such events. The following is a summary of these reporting requirements.
A member must promptly report to FINRA if the member or an associated person:
- Has been found to have violated any securities-, insurance-, commodities-, financial- or investment-related laws, rules, regulations or standards of conduct of any domestic or foreign regulatory body, self-regulatory organization or business or professional organization;
- is the subject of any written customer complaint involving allegations of theft or misappropriation of funds or securities or of forgery;
- is named as a defendant or respondent in any proceeding brought by a domestic or foreign regulatory body or self-regulatory organization alleging the violation of any provision of the Exchange Act, or of any other federal, state or foreign securities, insurance or commodities statute, or of any rule or regulation thereunder, or of any provision of the by-laws, rules or similar governing instruments of any securities, insurance or commodities domestic or foreign regulatory body or self-regulatory organization;
- is denied registration or is expelled, enjoined, directed to cease and desist, suspended or otherwise disciplined by any securities, insurance or commodities industry domestic or foreign regulatory body or self-regulatory organization or is denied membership or continued membership in any such self-regulatory organization; or is barred from becoming associated with any member of any such self-regulatory organization;
- is indicted, or convicted of, or pleads guilty to, or pleads no contest to, any felony; or any misdemeanor that involves the purchase or sale of any security, the taking of a false oath, the making of a false report, bribery, perjury, burglary, larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds, or securities, or a conspiracy to commit any of these offenses, or substantially equivalent activity in a domestic, military or foreign court;
- is a director, controlling stockholder, partner, officer or sole proprietor of, or an associated person with, a broker, dealer, investment company, investment advisor, underwriter or insurance company that was suspended, expelled or had its registration denied or revoked by any domestic or foreign regulatory body, jurisdiction or organization or is associated in such a capacity with a bank, trust company or other financial institution that was convicted of or pleaded no contest to, any felony or misdemeanor in a domestic or foreign court;
- is a defendant or respondent in any securities- or commodities-related civil litigation or arbitration, is a defendant or respondent in any financial-related insurance civil litigation or arbitration, or is the subject of any claim for damages by a customer, broker or dealer that relates to the provision of financial services or relates to a financial transaction, and such civil litigation, arbitration or claim for damages has been disposed of by judgment, award or settlement for an amount exceeding $15,000. However, when the member is the defendant or respondent or is the subject of any claim for damages by a customer, broker or dealer, then the reporting to FINRA shall be required only when such judgment, award or settlement is for an amount exceeding $25,000; or
- is, or is involved in the sale of any financial instrument, the provision of any investment advice or the financing of any such activities with any person who is, subject to a “statutory disqualification” as that term is defined in the Exchange Act. The report shall include the name of the person subject to the statutory disqualification and details concerning the disqualification.
In addition to the reporting requirements under FINRA Rule 4530(a), paragraph (d) of FINRA Rule 4530 also requires firms to report to FINRA statistical and summary information regarding written customer complaints received by the firm in the previous quarter.
As indicated earlier, FINRA Rule 4530 contains a number of intricacies and particulars that trigger reporting requirements by firms. Firms should review the rule periodically to ensure that they are appropriately following all reporting requirements.